Cannabis Product Image Analyzer

The Department of Cannabis Control (the Department) provides this Cannabis Product Image Analyzer (CPIA) for California cannabis licensees’ use to assist in their independent evaluation of whether advertising or marketing (as defined by Business and Professions Code section 26150 and California Code of Regulations, title 4, section 15040(a)) may be attractive to children in violation of section 15040(a)(3)(A) through (D). Under section 15040(a)(3), images that are attractive to children include, but are not limited to:

• Cartoons;
• A likeness to images, characters, or phrases that are popularly used to advertise to children;
• Images that are any imitation of candy packaging or labeling; and
• Images with the terms “candy” or “candies” or variants in spelling such as “kandy” or “kandeez.”

The CPIA uses artificial intelligence technology to review images submitted by a user to identify issues that may indicate attractiveness to children for further evaluation. The CPIA may not identify all concerns an image may present, or that the Department may find attractive to children. A user should not rely on the CPIA’s output, as it does not establish definitively whether advertising or marketing violates section 15040(a)(3). Even if the CPIA response states that an uploaded image is likely compliant, the CPIA’s response does not preclude a finding by the Department or a factfinder in a disciplinary or administrative action from determining the uploaded image violates the regulation.

Because artificial intelligence systems evolve, update, or produce variable outputs, the CPIA’s evaluation may change from day to day, even when reviewing the same image. The quality, clarity, angle, lighting, or completeness of an image uploaded by a user may affect the CPIA’s review and assessment. Users are solely responsible for ensuring uploaded images accurately depict the product’s labeling.

The Department is not responsible for any damages, losses, liabilities, or other consequences a user may incur as a result of reliance on the CPIA’s conclusion regarding whether an image is attractive to children.

The CPIA does not retain, store, or keep any record of a user’s uploaded images.

The Department’s regulations are subject to change and users may review the current regulations available here.